DIWARKAR SINGH PARIHAR v. UNION OF INDIA AND 3 OTHERS
WRIA/5771/2025 · 2025-04-30
Ajay Bhanot
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51583 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51583 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:68651 Court No. - 5 Case :- WRIT - A No. - 5771 of 2025 Petitioner :- Diwarkar Singh Parihar Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Arya Suman Pandey,Jitendra Sarin Counsel for Respondent :- A.S.G.I.,Vivek Ratan Agrawal Hon'ble Ajay Bhanot,J. Heard Shri Arya Suman, learned counsel for the petitioner and Shri Vivek Ratan Agrawal, learned counsel assisted by Shri Sumendru Shekhar, learned counsel for the respondents No.2 to 4. By the impugned order dated 13.12.2022 passed by the respondent No.4/Assistant General Manager, (H.R.), Employee Benefits Division, Union Bank of India Head Office, Mumbai, the claim of the petitioner for appointment on compassionate ground is declined with the following cryptic observations:-
"1) The family is not in financial destitution or living in penury. 2) The applicant is not fulfilling the age criteria as per the Scheme." The financial status of the family and the lack of eligibility of the petitioner which lead to the denial of compassionate appointment have to be examined with all material details. This is absent in the impugned order. The impugned order dated 13.12.2022 is a non-speaking
order and does not disclose the basis on which both the
findings had arrived at. The impugned orders dated 13.12.2022 and 20.04.2023 are vitiated on account of non application of mind. The impugned order dated 13.12.2022 passed by the respondent No.4/Assistant General Manager, (H.R.), Employee Benefits Division, Union Bank of India Head Office, Mumbai and the order dated 20.04.2023 passed by the respondent No.3-General Manager, Union Bank of India, Zonal Office, Varanasi, Uttar Pradesh are liable to be set aside and are set aside. The matter is remitted to the respondent No.4/Assistant General Manager, (H.R.), Employee Benefits Division, Union Bank of India Head Office, Mumbai for fresh decision with the following direction: The respondent No.4/Assistant General Manager, (H.R.), Employee Benefits Division, Union Bank of India Head Office, Mumbai shall decide the claim of the petitioner for grant of appointment on compassionate ground as per law within a period of three months from the date of receipt of a certified copy of this order after giving due opportunity to the petitioner. The writ petition is allowed to the extent indicated above.
Order Date :- 1.5.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad